Section 267 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 267 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 267 of the BNSS, 2023, outlines the procedure for the prosecution's presentation of evidence in a warrant-case instituted otherwise than on a police report. It mandates that:
Hearing the Prosecution:
Upon the appearance or arrival of the accused before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution
Issuance of Summons:
The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
This section ensures that the prosecution has the opportunity to present its case fully, including summoning witnesses and producing relevant documents.
Comparison with the Code of Criminal Procedure (CrPC):
Section 267 of the BNSS corresponds to Section 244 of the CrPC, 1973. Both sections provide a framework for the prosecution to present evidence in warrant-cases instituted otherwise than on a police report
Illustrative Example:
Scenario: In a case where an individual files a private complaint against another for theft, and the Magistrate takes cognizance of the offense, Section 267 would apply.
Application:
Hearing the Prosecution: The Magistrate will hear the prosecution's case and take all evidence presented in support.
Issuance of Summons: Upon the prosecution's application, the Magistrate may issue summons to witnesses to attend court or produce documents relevant to the case.
This process ensures that the prosecution's case is thoroughly examined before proceeding further.
Conclusion:
Section 267 of the BNSS, 2023, establishes a clear procedure for the prosecution to present its evidence in warrant-cases instituted otherwise than on a police report. By aligning with the CrPC, it ensures consistency in the legal framework governing criminal trials.
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